HALKE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Criminal Appeal has been preferred by the accused-appellant assailing the judgment and order Dt. 4.4.2006 passed by the Additional District and Sessions Judge (Fast Track), Karauli (for short the ?Trial Court") in Sessions Case No. 06/2004, titled as State v. Halke and others in which, the accused-appellant has been convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment with a fine of Rs. 3,000/-, in default of payment of fine to further undergo two months simple imprisonment. In addition to the aforesaid, he has been further convicted to offence under Section 3/25 of the Arms Act and sentenced to undergo one year simple imprisonment with a fine of Rs. 1,000/-; in default of payment of fine to further undergo two months simple imprisonment. AU the sentences were ordered to run concurrently. Brief facts of the case, emerging on the face of record, are that on the basis of Parcha Bayan of one Lakkhuram, recorded on 24.6.2002 in Government Hospital, Karauli, a report was registered at Police Station Kotwali, Karauli for offence under Sections 147, 149, 323, 342 and 302 IPC, however, since the incident pertained to Police Station, Karanpur, therefore, the same was sent there and on receiving of the said report, an FIR, bearing No. 27/2002 for offence under Section 147, 149, 323, 342 and 302 IPC, came to be registered with the Police Station Karanpur and investigation commenced.

(2.) It was alleged in the said report that on 24.6.2002, Lakkuram (complainant), Kare son of Parya, Badri son of Tullo, Shivraj son of Kamal, Pappu son of Hari, Pappu son of Kamal, residents of Karda, after untying their goats and after grazing in the forest of Choriya, when came at about 3.00 p.m. in the cot of Choriya ki Basti, then Halke son of Hajari Meena, Balli son of Madan, Harchu son of Bundi & Harkesh son of Ramnath of Village Choriya tied their hands and detained them at that place. Thereafter, Shivcharan and Pappu rushed from the forest to give information of the incident in the village and thereupon, along with them, other villagers viz., Sitaram, Silli, Hari, Gulab and Gopalya Meena arrived on the spot at about 3.00 - 3.30 p.m. and untied them and as a result of which stones pelting took place between both the sides and upon hearing hue and cry several persons arrived and at about 4.00 -4.30 p.m. the present accused-appellant (Halke son of Hajari Meena) fired gun shot from his 'topidar' gun which pierced the chest of Silli son of Ramjit. In the scuffling, the complainant also received injuries on head and nose whereas Sitaram received certain injuries on his ankle on account of pallets being hit at him. It was alleged that on seeing that Silli is falling, villagers of Choriya fled away from the spot and when Silli was being taken to Karauii, he succumbed to the injuries on the way. It was further alleged that Halke, Balli, Harchu and Harkesh contributed to melee and rest of the persons arrived only upon hearing hue and cry. It was further alleged that a dispute was already going on between the parties regarding grazing of cattle.

(3.) During the course of investigation, the accused-appellant along with other co-accused persons was arrested and after completing investigation, the police filed charge-sheet against the accused persons for offence under Sections 147, 148, 149, 323, 324, 336, 341, 342, 307 and 302 IPC so also under Section 3/25 of Arms Act.